Washington, DC — Public Employees for Environmental Responsibility (PEER) today filed formal comments with the Office of Personnel Management (OPM) urging the agency to withdraw its proposed government-wide nondisclosure agreement (NDA) for federal employees. PEER’s comments warn that the proposal is illegal, built on false premises, and is part of a coordinated effort to silence career civil servants who act as an important line of accountability inside the federal government.

Under the plan, federal employees would be prohibited from discussing almost everything that happens inside an agency before a policy or work product is finalized or information is made public by the agency. The NDAs would last for 5 years after the employee has left federal service.

“This proposal is designed to make federal workers live in fear of being fired, prosecuted, or sanctioned for saying anything about government operations that the administration dislikes,” said Tim Whitehouse, PEER’s executive director. “Federal employees already face a range of criminal and other sanctions for releasing specific types of information to the public without prior approval, so it is unclear why these NDAs are needed.”

PEER’s comments also explain how the proposed NDA conflicts with employee rights under the Whistleblower Protection Act, the Lloyd LaFollette Act safeguarding the ability of public employees to communicate with Congress, the Inspector General Act, as well as First Amendment free speech. Moreover, they may compromise transparency provisions of federal scientific integrity policies, which encourage peer-reviewed publication and collaboration involving government research.

“This proposal is not a routine confidentiality measure – it’s a gag order,” added Whitehouse. “It is vague enough to frighten employees into silence, broad enough to cover almost any internal government discussion, and structured to ensure that the people who sign it have almost nowhere to turn if they witness wrongdoing. We are calling on OPM to withdraw it entirely.”

OPM unveiled this NDA proposal on May 27, 2026, subject to a 30-day public comment period ending later this month.

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Read the PEER comments

 Look at OPM proposal

See draft NDA agencies can customize

PEER protects public employees who protect our environment, natural resources, and public health. We support current and former environmental and public health professionals, land managers, scientists, enforcement officers, and other civil servants dedicated to upholding environmental laws and values across federal, state, local, and tribal governments.